Decision Maker: Cabinet
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: Yes
The council has a statutory duty to enforce The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 in respect of domestic private rented property. Since 01 April 2020, private landlords have been prohibited from renting out homes that are subject to an Energy Performance Certificate (“EPC”) with an energy efficiency rating of F or G, unless they have registered a valid exemption on the PRS Exemptions Register.
As the enforcement authority, the council is empowered to impose financial and publication penalties on private landlords who breach their duties under the regulations. However, before the council can impose such penalties it must first adopt a just and proportionate policy which provides a framework for determining the penalties that should be imposed for each breach identified.
1. To approve the adoption of the proposed “Policy for imposing financial and publication penalties under The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015” annexed to this report; and
2. To delegate authority to the Director of Housing and Planning, in consultation with the Cabinet Member for Housing and Community Services, to approve minor amendments to the policy.
Local authorities are expected to adopt a policy that will allow them to impose financial and publication penalties so they can effectively enforce the regulations. Having an adopted policy will help to ensure that private tenants are protected from substandard homes which fail the minimum standard for energy efficiency. Improving energy efficiency in privately rented homes will help tenants, particularly those who are vulnerable and the fuel poor, to enjoy a more comfortable and healthier living environment and lower energy bills. Effective enforcement of the regulations will also help to reduce greenhouse gas emissions.
The option to adopt an alternative policy was rejected on the basis that the proposed policy was deemed to be just and proportionate.
The option to not adopt a policy was rejected on the basis that such a decision would deprive the council of an enforcement capability that is intended to help protect private tenants from energy inefficient homes
Report author: Richard Hopkins
Publication date: 20/11/2020
Date of decision: 19/11/2020
Decided at meeting: 19/11/2020 - Cabinet
Effective from: 28/11/2020